Important Recent California Case Law

Wednesday, October 30, 2013 | 0

NEW! Lowery v. Los Angeles Community College District, B239179, (10/24/2013): The California 2nd District Court of Appeal overturned a trial judge's determination that an injured HVAC technician was fired as a result of unlawful discrimination after his on-the-job injury.

NEW! Enriquez v. City of Sierra Madre, B240916, (10/16/2013): A volunteer firefighter's receipt of workers' compensation benefits did not make her a municipal employee for purposes of the Fair Employment and Housing Act, a California appellate court ruled.

NEW! CLP Resources v. WCAB (Mora), A138439, (10/087/2013): The 3rd District Court of Appeal annulled an enhanced award of benefits to a carpenter based on a hand injury that a workers' compensation judge had determined to be the result of "serious and willful misconduct" by the worker's employer.

Pena v. Central Freight Lines, A134753, A138014, (10/04/2013): The California 1st District Court of Appeal upheld a $470,000 award against an employer that fired a worker while she was recovering from injuries suffered in an automobile accident, rejecting the employer's argument that workers' compensation was the plaintiff's exclusive remedy for her alleged emotional distress and psychological injury.

Bussard v. Ings, B244911, (10/04/2013): A land owner who hired an unemployed friend to paint the eaves of his rental property was not exempt from the California Occupational Safety and Health Act's requirements, the 2nd District Court of Appeal ruled.

Wattar v. Palmdale School District, B242050, (10/04/2013): The California 2nd District Court of Appeals dismissed a discrimination suit filed by a Lebanese-American against a Southern California school district that took the position she resigned when she didn't return to work after being cleared by her treating physician.

Williams v. The Home Depot, C070573, (10/02/2013): A self-represented worker could not obtain a court order compelling the Workers' Compensation Appeals Board to place her case on hold while she petitions the U.S. Supreme Court and California Supreme Court to adjudicate her due-process rights, the 3rd District Court of Appeal ruled. 

Forough Nadaf-Rahrov v. Neiman Marcus, A132558 & A 134723, (09/27/2013): The California 1st District Court of Appeal affirmed a trial court judgment finding Neiman Marcus failed to engage in the interactive process by not offering alternative positions to a disabled worker.

Leeds v. Reino & Iida, B242516, (09/20/2013): A California appellate court ruled that a dispute about the appropriate distribution of fees between a group of workers' compensation attorneys pursuant to a fee-splitting agreement was something for the state courts to decide, not the Workers' Compensation Appeals Board. 

Hernandez v. Thermal Structures, E054878, (09/12/2013): Workers' compensation exclusivity barred a factory worker from suing his employer after his hands were crushed in a power press, a California appellate court ruled.